On Jan. 9, 2024, the U.S. Department of Labor (DOL) released a long-awaited final rule concerning when employers can classify workers as independent contractors under federal law. This is the final version of the Employee or Independent Contractor Classification Under the Fair Labor Standards Act (FLSA), which DOL proposed in October 2022 (the “Final Rule”). It establishes a six-factor test for determining whether a worker is an employee or an independent contractor, and takes effect March 11, 2024.

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